REGULAR MEETING
LEVY COUNTY BOARD OF COUNTY COMMISSIONERS
April 6, 19 99
The Regular Meeting of the Board of Levy County Commissioners was held on April 6, 1999 at 9:00 a.m. in the Levy County Board of County Commissioners’ meeting room, with the following Commissioners present:
Chairman Frank Davis
Vice Chairman Wilbur Dean
Comm. Don Foley
Comm. Sammy Yearty
Comm. Lilly Rooks
Also present were:
County Attorney - Gregory V. Beauchamp
Clerk of Court - Douglas M. McKoy
County Administrator - William C. Cobb
The Chairman called the meeting to order at 9:00 a.m.. The invocation was given by Mr. Skip Hammell followed by the Pledge of Allegiance to the Flag.
EXPENDITURES
Comm. Dean moved to approve the following expenditures presented for payment. Comm. Rooks seconded and the MOTION CARRIED.
FUND AMOUNT
CHECK NUMBERS: 18547-18845 (VOIDS 18558; 18573)
GENERAL FUND $816,172.46
ROAD & BRIDGE FUND 77,467.63
LOCAL HOUSING ASSISTANCE 52,066.00
FINE & FORFEITURE FUND 33,774.67
E911 COMMUNICATIONS 57.93
LANDFILL & RECYCLING 30,308.49
COURT FACILITIES FUND 3,206.93
FLORIDA POWER GRANT FUND 594.41
EMERGENCY MEDICAL SERVICE 16,982.57
SPECIAL CONSTRUCTION 401,090.40
LOCAL CRIMINAL JUSTICE TR 305.85
FIRE CONTROL FUND 8,790.04
INTERGOVERNMENTAL COMMUN 3,077.06
ST GRANT - JUVENILE JUSTICE 49.88
ADD REV BOND DEBT SERVICE 160,248.92
UTILITIES FUND 878.13
MSTU-HEATHERWOOD 4,993.32
TOTAL $1,610,064.69
MINUTES
Comm. Dean moved to approve the minutes of the regular meeting of March 16, 1999 and the special meeting of March 16, 1999. Comm. Foley seconded and the MOTION CARRIED.
ZONING
Mr. Elisha Brown said he was requesting a COP2 license for on premises consumption of alcohol for his tenant Mrs. Maggie Vinson for their business JR Places located in Williston. Comm. Yearty said there is a procedure which must be followed by the applicant and no action can be taken until the requirements are met for the application of a COP2 license.
Mr. Rob Corbitt of Building and Zoning said a petition was heard by the Planning Commission and was denied based on the proximity of a residence less than 300 feet of the business. Comm. Yearty requested Mr. Corbitt to provide Mrs. Vinson and Mr. Brown with the proper information to apply for a COP2 license.
LIBRARY
Mr. Ted Wilkins said the Library Board is functioning and will provide current information on the activities of the local libraries. Mr. Wilkins said a review has shown that Marion County Commissioners are the governing board for the Marion-Levy Public Library System and controls all aspects of the library system. Mr. Wilkins reported the Levy Library Board has numerous concerns on operations and management of the local libraries; from the representation of Levy County on the governing board, the procedure of loaning books from a Marion County library including the cost to obtain the books if a request is made and the lack of purchasing new books for the libraries. Mr. Wilkins said with the amount of funding supplied by the Board of County Commissioners and available grants it may be possible to provide funding for local libraries and operate at the local level.
JUDICIAL
Chief Judge Robert Cates requested consideration on expanding the current court facilities to meet the growing needs in the county. Judge Cates said he is preparing statistics which reflect case filings increased 35.9% since 1994 and jury trials have increased 527% during the same time period. Judge Cates said planning for additional space to handle court functions at approximately 5000 square feet. Mr. Douglas McKoy said surrounding counties of similar size are receiving funding allocations from the state for expansion of court facilities but there were no funds in the budget for Levy County. Mr. McKoy reminded the Board that he had requested equal funding from the Legislative Delegation hearing held earlier this year.
Judge Cates said the Article V Trust Fund will provide $100,000.00 annually for four (4) years and there is a possibility this may be increased.
BONDS
Mr. Ralph Cellon of Raymond James and Associates, Inc. provided a prospectus addressing the advantage of refunding the Series 1992 Courthouse Addition bonds for a savings of approximately $361,000.00 on the debt service. Mr. Cellon said an option is available to increase funding up to $5 million currently and $8.6 million could be available upon meeting all requirements for bond issues with the debt service extending to 2017.
Comm. Rooks clarified this was an opportunity to borrow additional money to provide needed expansions for the jail and the court system at no additional cost to the tax payer.
Comm. Foley expressed a concern on borrowing additional money and increasing the debt service.
Mr. Douglas McKoy, Clerk of Court said additional savings or revenue would be available if the bond issue was increased at the lower interest rate now available on the bond issue and receiving higher interest rates paid on the debt service reserve.
Sheriff Glass said this appears to be an opportunity to secure a lower interest rate and to obtain funding for needed expansions.
Mr. Cellon explained by accepting the savings of at least $361,000.00 and refinancing the debt service the payoff date does not change and allows for the opportunity to earn additional interest on the debt service reserve at no additional cost.
Comm. Yearty said it appears to be sound business practice to refinance at the lower interest rates now available and not expect rates to remain low in the future. Comm. Yearty moved to refinance the bond issue to refund the monies to obtain a savings of $361,000.00. Comm. Dean seconded. Comm. Foley said a reduction of the debt service could possibly reduce the chances of an opportunity of funding from the legislature. Comm. Yearty, Comm. Rooks, Comm. Davis and Comm. Dean voted yes by voice with Comm. Foley voting no and the MOTION CARRIED.
ZONING
Mr. Rob Corbitt presented the following petitions for a Hardship Variance:
Petition No. VA-00381 - David Palmer, petitioning the Board for a Hardship Variance to allow a second dwelling in order for him to care for his mother, Mildred Palmer, on a parcel of land located in the NW corner of the S ½ of the SE 1/4 of the NE 1/4 of Section 29, Township 12S, Range 18E, in Levy County. Said parcel contains 10 acres more or less and is located within a Rural Residential "RR" zone.
Mr. Corbitt said no opposition has been received on the petition. Comm. Dean moved to approve the petition. Comm. Rooks seconded and the MOTION CARRIED.
Petition No. VA-00380 - Carolyn Bailey, petitioning the Board for a Hardship Variance to allow a second dwelling in order for her friendto care for her on a parcel of land located in the SE 1/4 of the SE 1/4 of Section 4, Township 13S, Range 14E, in Levy County. Said parcel contains 5 acres more or less and is located within an Agriculture/Rural Residential "A/RR" zone.
Mr. Corbitt said there have been calls concerning the request for a Hardship Variance. Comm. Rooks said she inquired into the request and found the petitioner’s friend currently resides in the dwelling with her and pays rent. Comm. Rooks moved to deny the request for lack of evidence of a true hardship. Comm. Yearty seconded and the MOTION CARRIED. The petitioner was not present.
RESOLUTIONS
Mr. Ronald Crum made a presentation on behalf of the Wakulla Fishermen’s Association requesting support for a grand jury investigation on the implementation of the amendment restricting the use of nets by commercial fishermen. Mr. Greg Beauchamp read a proposed resolution for the record. Comm. Yearty moved to adopt the resolution as proposed. Comm. Rooks seconded and the MOTION CARRIED.
ROADS, COUNTY
Mr. Otis Green of Williston inquired if any additional action has been taken on paving the roads in East Williston. Comm. Davis said Mr. Skip Hammell of the Road Department has been reviewing right of ways available in the area and Mr. Green would be advised on the findings.
GRANTS
Mrs. Carol McQueen reported the Community Development Block Grant (CDBG) for Neighborhood Revitalization project for improving roads is proceeding with a projection of the plans being submitted to the Department of Community Affairs (DCA) for approval on May 15, 1999 and construction to begin at the end of July or August, 1999.
SHIP
Mrs. McQueen submitted the following Deferred Payment Loan Agreements for approval:
Damian J. Cardinal, Chiefland, Block 10, Lots 5 & 7, for $6,903.00to purchase an existing home.
Comm. Rooks Moved to approve the agreement. Comm. Dean seconded and the MOTION CARRIED.
Tina Marie Toombs, SW 98th Terrace, Sumner Place, Lot 4, Cedar Key for $11,248.00.
Comm. Rooks moved to approve the agreement. Comm. Yearty seconded and the MOTION CARRIED.
Burley Wilmer, parcel of land located in Bronson, Section 8, Township 12S, Range 17E for $13,875.00 to purchase a new home.
Comm. Dean moved to approve the agreement. Comm. Rooks seconded and the MOTION CARRIED.
Patricia Brinson, 636 School Street, Bronson for $9,590.00.
Comm. Dean moved to approve the agreement. Comm. Rooks seconded and the MOTION CARRIED.
Earl L. Rogers, 115 N. E. 4th Street, Chiefland for $5,130.00.
Comm. Dean moved to approve the agreement. Comm. Rooks seconded and the MOTION CARRIED.
TAX ROLL
Mr. Billy Cobb said a request has been made by Mr. Russell Ingel to purchase two (2) lots located in Jemlands at $300.00 per lot. Comm. Dean moved to approve the purchase of the lots and to authorize the Chairman to sign the deed. Comm. Rooks seconded and the MOTION CARRIED.
STATE AGENCIES
Mr. Cobb said the Florida Department of Transportation (FDOT) will conduct a public hearing on Tuesday, April 20, 1999 from 6:00 p.m. to 8:00 p.m. in the Bronson High School Gymnasium on the proposed northern extension of Florida’s Turnpike.
ROAD & BRIDGE DEPARTMENT
Mr. Sammy Pruitt presented a quote of $7,500.00 for a computer program to track maintenance, repairs, fuel consumption in county vehicles. Mr. Pruitt said for an additional $250.00 a program will be included that works with the fuel program currently in use on the fuel pumps. Mr. Pruitt added there is six (6) months free assistance to assist in the set up of the program. Mr. Pruitt said a computer may be purchased for $928.00 for placement in the maintenance office and will be networked with the computers in the main office. Mr. Pruitt said the program may also be used for tracking parts inventory. Comm. Yearty moved to authorize the purchase for the software program and computer. Comm. Rooks seconded and the MOTION CARRIED.
FIRE DISTRICTS
Mr. Bill Beddow presented the new fire districts for approval. Mr. Beddow said changes have been made adjusting the South Levy Volunteer Fire Department and the Inglis Volunteer Fire Department service areas for the 911 Communications system. Mr. Beddow said the Fire Advisory Board have reviewed the recommended changes and approved them. Comm. Yearty moved to approve the map revisions for the fire service areas. Comm. Rooks seconded and the MOTION CARRIED.
ROAD MAINTENANCE
Mr. Skip Hammell presented the following requests for maintenance on a one (1) time basis:
NE 61st Street from LCR 102 to NE 115th Avenue, Oak Ridge Estates Subdivision, 50' right of way, 12 loads of rock.
Comm. Dean moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.
NE 76th Place from NE 131st Terrace to NE 130th Court located in North-South Estates, Unit Two, 50' right of way, 10 loads of rock.
Comm. Dean moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.
NE 66th Lane from NE 119th Terrace to NE 115th Avenue, Oak Ridge Estates Subdivision, 50' right of way, 10 loads of rock.
Comm. Dean moved to approve the request. Comm. Yearty seconded and the MOTION CARRIED.
NE 113th Avenue and NE 86th Lane from NE 83rd Place to NE 118th Terrace, located in Forest Park, Unit Two Subdivision, 50' right of way, 8 loads of rock.
Comm. Dean moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.
NE 132nd Terrace in North-South Estates, 50' dedicated right of way, ½ mile long.
Comm. Dean moved to approve the request. Comm. Rooks seconded and the MOTION CARRIED.
Mr. Hammell presented the following request for placement on the paving list:
Woodpecker Ridge roads, 1.58 miles long, 44 houses with rock roads.
Comm. Yearty moved to approve the request and place on the priority paving list. Comm. Dean seconded and the MOTION CARRIED.
Comm. Rooks moved to place CR 408 and CR 230 located near the old Georgia Pacific plant on the paving list. Comm. Dean seconded and the MOTION CARRIED.
LANDFILLS
Mr. Wayne Hardee presented the Leachate Hauling Contracts with Gainesville Regional Utilities (GRU) and Morris Dean Trucking and the Waste Tire Recycling Service Agreement with Florida Tire Recycling, Inc. for approval. Mr. Hardee said the contracts were identical to last year’s contracts. Comm. Yearty moved to approve the contracts. Comm. Rooks seconded. Comm. Dean stated he would be filing a conflict of interest on the leachate hauling contracts and the MOTION CARRIED.
Comm. Dean said discussions were progressing concerning an interlocal agreement with Alachua County for waste management. Comm. Dean said the agreement is $3.00 over what is charged to their local resident. Comm. Dean said New River is lower but there is a greater distance to travel to dispose of the waste. Comm. Dean said he was recommending the purchase of a tractor and two (2) trailers to haul the waste to the landfill and Alachua County has offered to allow our bid requests to be submitted with theirs. Comm. Dean said studies have revealed it is not economically feasible to continue operating the landfill with the new requirements from the Department of Environmental Protection (DEP). Mr. Hardee said there is funding available in the Landfill account for the purchase of the tractor and two (2) trailers. Comm. Yearty moved to allow the piggyback bid with Alachua County for one (1) tractor and two (2) trailers but not to proceed with the bid process if unable to piggyback with Alachua County. Comm. Dean seconded and the MOTION CARRIED.
Comm. Dean requested Mr. Greg Beauchamp to place the recommended changes in the interlocal agreement and to return it to Alachua County and New River for their acceptance.
EQUIPMENT
Mr. Kelly Jerrels presented the following quotes for a Vibratory Roller for the Road Department:
Highland Tractor Co., 1998 Bomag single drum vibratory roller, 84", 6 cylinder, with approximately 250 hours, inhouse warranty is one (1) year on parts and labor.
$64,540.00
Linder Industrial Machinery Co., 1998 Ingersoll-Rand model SD-100B vibratory roller, 84" wide smooth drum, Cummins 3.9 Diesel Engine, 125 HP, hydrostatic drive, no-spin differentials, 18.4 x 26, 6PR tires, work gauges, roll-over protection structure, sky-clone air pre-cleaner, entire roller covered for one (1) year or 1,000 hours, whichever occurs first; power train covered for three (3) years or 3,000 hours, whichever occurs first.
$69,500.00
Ring Power Corporation, CS-563C Caterpillar single smooth drum vibratory soil compactor with , 3116T 145 HP diesel engine, drum drive, 24 volt starting system, 55 ampere alternator, two speed hydrostatic transmission, two amplitudes, two braking systems, backup alarm, suspension seat, lockable vandalism protection ROPS/FOPS structure with 3" wide seat belt, drum scraper bars, 8 ply flotation tires, 1 smooth drum, 84" wide x 60" diameter.
$77,000.00
Mr. Jerrels said the retail price for cost new would be $85,611.00. Mr. Jerrels said they were recommending the quote from Highland Tractor Co. for $64,540.00. Mr. Douglas McKoy recommended a review of the bid policy to determine if it needed to be revised for the purchasing of new and used equipment. Comm. Yearty moved to authorize the purchase of the roller from Highland Tractor Co. for the low quote of $64,540.00. Comm. Dean seconded and the MOTION CARRIED. Comm. Dean moved to review the written bid policy. Comm. Yearty seconded and the MOTION CARRIED.
EMERGENCY MANAGEMENT SERVICES
Mr. Osborn Barker said the Public Official Conference will be held Monday, April 12, 1999 from 3 p.m. to 5 p.m. with Gilchrist and Dixie county participating. Mr. Barker said a Bar-B-Que will be held after the conference.
Mr. Barker requested the mitigation committee to schedule a meeting. Comm. Davis said they would meet on April 7, 1999 at 9:30 a.m.
Mr. Barker said the Levy County Comprehensive Emergency Management Plan (CEMP) needed to be adopted for submission to the Department of Community Affairs (DCA). Comm. Yearty moved to adopt the CEMP. Comm. Rooks seconded and the MOTION CARRIED. Mr. Greg Beauchamp said he would prepare a proposed resolution to be submitted for approval at the next regular meeting on the acceptance of the CEMP.
SHERIFF
Sheriff Ted Glass presented the Certificate of Participation for the Edward Byrne grant funds for approval. Comm. Dean moved to authorize the signing of the Certificate of Participation for acceptance of the grant funds. Comm. Rooks seconded and the MOTION CARRIED.
Sheriff Glass said the Federal Equitable Sharing Agreement for fund sharing with the Treasury Department should have been renewed September 30, 1998. Sheriff Glass said through an oversight the agreement was not signed and he was notified the agreement needed to be submitted immediately to prevent losing any fund distributions. Sheriff Glass contacted Chairman Davis and obtained his signature and was requesting approval of the agreement retroactively. Comm. Yearty moved to ratify the signing of the Federal Equitable Sharing Agreement. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Greg Beauchamp presented the Joint Participation Agreement with the Florida Department of Transportation (FDOT) on behalf of the Coordinated Transportation System, Inc. to institute a shuttle service from Levy County to destinations in Gainesville. Mr. Beauchamp read the proposed resolution for the acceptance of the agreement. Comm. Foley moved to enter into the joint participation agreement and adopt the resolution. Comm. Rooks seconded and the MOTION CARRIED.
ROAD CLOSING
Mr. Beauchamp presented a resolution for a proposed road closing from Ms. Helen Koehler for the following location:
That certain fifty (50') foot road lying South and adjacent to Lot 1, Block "C" of Steeplechase Farms as recorded in Plat Book 8, Page 37, public records of Levy County, Florida and being more particularly described as: Beginning at the West line of Section 35, Township 13 South, Range 17 East, thence run N 89E24'22" E a distance of 659.41 feet to the East line of Block "C" extended to the South.Said lands situate, lying and being in Levy County, Florida.
Comm. Yearty moved to approve the resolution for the public hearing for road closing scheduled on May 18, 1999 at 10:30 a.m.. Comm. Dean seconded and the MOTION CARRIED.
Mr. Beauchamp said Dynamic Growth, Inc., Mr. John Quimby has requested vacating portions of four (4) roads in Cedar Key Heights which have never been constructed as follows:
SW 77th Lane from Pine Avenue to Pecan Avenue; Hazel Avenue from SW 78th Lane to SW 77th Lane; Oak Avenue from SW 78th Lane to SW 77th Lane; pecan Avenue from SW 78th Lane to SW 77th Lane.
Comm. Dean moved to approve the request and advertise for a public hearing for the road closing on May 18, 1999 at 10:30 a.m. Comm. Rooks seconded and the MOTION CARRIED.
CONTRACTS AND AGREEMENTS
Mr. Beauchamp said he reviewed the proposed amended agreement for the volunteer fire departments and it appears in order. Mr. Beauchamp said the amended agreement requires a financial audit and report to be provided to the county at the end of the fiscal year. Comm. Yearty moved to approve the amended agreement. Comm. Rooks seconded and the MOTION CARRIED.
TAX COLLECTOR
Mr. Beauchamp presented the "List of Lands Available for Taxes from the tax deed sales of March 15, 1999 and March 29, 1999 as submitted by Mrs. Patty Galyean, Deputy Clerk.
BUILDING AND GROUNDS
Mr. Beauchamp said the closing has been held on the property purchased from First Federal Savings & Loan Association.
ROAD MAINTENANCE
Comm. Rooks requested consideration on placing CR 408 and CR 230 on the paving list as a priority.
BUILDINGS AND GROUNDS
Comm. Dean moved to approve the costs for repairs and additions to the agricultural building from construction funds. Comm. Rooks seconded and the MOTION CARRIED.
AGENCIES
Ms. Sherryl Carbonaro, Community Relations Coordinator of the United States Environmental Protection Agency (EPA) said clean up has begun on the Romar Industries property in Williston and cleanup should be completed in approximately three (3) months. Ms. Carbonaro said they have not found any evidence of contamination of the aquifer or the surrounding residents wells.
ROADS, COUNTY
Comm. Dean said Ms. Krista Kelly and Mr. Rob Corbitt are working on a recommendation for the roads located in Diversified Subdivision and will be presenting it to the board.
FIRE DISTRICTS
Mr. Douglas McKoy said clarification is needed on the start up funds for South Levy Volunteer Fire Department and the Inglis Volunteer Fire Department and the amount of funds Inglis Volunteer Fire Department have agreed to allocate to South Levy Volunteer Fire Department. Mr. Billy Cobb said he will have the information provided in writing at the next regular meeting.
MISCELLANEOUS
Mr. Billy Cobb said the state has indicated it will not be purchasing the 22,000 acres in Gulf Hammock from Georgia Pacific.
BUILDING AND GROUNDS
Comm. Davis inquired if any further action has been taken for the air conditioning system in Court Room A. Mr. McKoy said the committee has met and will be presenting a recommendation and a request to receive bids.
THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED.
Frank Davis, Board Chairman
ATTEST:
Douglas M. McKoy, Clerk of Court